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Journal : Indonesian Journal of Multidisciplinary Science

Legal politics of criminal law against the revival of death penalty as an alternative punishment in the new criminal code Kadir, Abdul; Santiago, Faisal; Achmad, Suparji; Redi, Ahmad
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 9 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i9.902

Abstract

The reform of the death penalty into an alternative crime in the new Criminal Code (Law Number 1 of 2023 pertaining to the Criminal Code) is a long-standing agenda that has been launched by the Indonesian Government. This paper aims to analyze how Indonesian criminal law is currently enforced to determine how it will be implemented in the future. This research focuses on the politics of criminal law and basic freedoms regarding the reform of capital punishment into an alternate crime in Law No. 1 of the Republic of Indonesia (KUHP) 2023. The study is based on literature studies and documentation. The results of this study show that, despite the fact that KUHP is primarily intended to protect society, its application should be cautious and targeted at the offender; consequently, it must be selective, and there should be provisions for conditional death sentences or delaying the execution of the penalty.
Policy construction of the Constitution of the Republic Indonesia political system rergarding the implementation of the president's prerogative in the appointment of ministers in the era of Joko Widodo administration Hendrawati, Sulkiah; Santiago, Faisal; Fakrulloh, Zudan Arif
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 9 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i9.903

Abstract

The prerogative of the President in appointing a minister is defined by the 1945 Constitution. The research uses an empirical legal approach method to analyze the practical implications and real-world applications of constitutional provisions, examining the political and legal impacts of these appointments, and exploring the broader socio-political context of such decisions within the framework of Indonesia's evolving political landscape under President Joko Widodo's administration. This paper focuses on the theoretical and practical implications of the 1945 constitution and the concept of a legal state as the law that serves as the foundation of governance and must be complied with in exercising power, bridges the gap between despotic absolutism and the advanced development of constitutionalism, thus leading to the formation of constitutional law.